Employee vs. Employer Contributions
One of the most important distinctions in a QDRO is which portion of the account is being divided. The Recurly, Inc.. 401(k) Plan likely includes both:
- Employee Contributions: These are always 100% vested and subject to division.
- Employer Contributions: These may be subject to a vesting schedule based on years of service.
Only the vested portion of the employer match can be divided in a QDRO. Any unvested contributions during the marriage that are forfeited after the date of divorce should not be included in the marital split.

